MURRIETA: Middle school girl disciplined for cellphone video

A seventh-grade girl
at Shivela Middle
School
who admitted to making a cellphone video recording of a
friend in the locker room while other students were changing
clothes will not face criminal charges, although she has been
punished by the school.

The incident occurred Tuesday and was reported to a physical
education teacher at the Murrieta campus Wednesday, according to
Murrieta Valley Unified School District spokeswoman Karen
Parris.

Parris said 25 to 30 students were recorded and several were
aware of what was happening. With the exception of one or two
girls, all were dressed, she added.

Murrieta police Lt. Tony Conrad said the school resource officer
investigated and determined the girl did not realize others were
changing clothes in the background while she recorded her
friend.

In order for the girl to be charged with a crime, she would have
had to intend to record the girls who were dressing, Conrad
said.

"She didn't really intend to record anybody but her friend,"
Conrad said. "In the background were other girls in various stages
of undress."

The investigation found that the clip was not sent to anyone
else or posted on a social media site, Conrad said.

If the recording shows up later, the girl could then face
charges, he added.

Parris said the school has taken action against the girl for
breaking a policy against using a cellphone on campus.

Her name, age and the nature of the discipline was not released
because of school privacy laws.

Letters have been sent to students' homes about the incident and
the principal met with students from the PE class, Parris said.

According to the Shivela Middle School
handbook
, students may have a cellphone at school, but may not
use it.

"Therefore, cell phones are allowed on campus but must be turned
off and out of sight during school hours," the policy reads.
"Students may not have cell phones out during class for checking
time, calculating, taking pictures, text messaging,
incoming/outgoing calls, electronic bullying, electronic threats,
or 'sexting' (sent via cell phone) or for any other reason.
Absolutely no cell phones, cameras or recording devices are allowed
in locker rooms."

The California Education Code Section provides for disciplinary
action to be taken if a student uses any electronic recording or
listening device without permission.

Students caught violating the Shivela policy will have their
phone taken away for the day. Upon a second offense, the phone is
taken and is only returned to a parent.

The penalty for the third offense is the same as the second, but
the student will face further discipline.

The policy was specifically addressed at the start of the school
year, Parris said, and spoken about again during an annual assembly
featuring representatives of the county district attorney's
office.

Parris said the ban on videotaping was mentioned and students
were told they could be suspended and face legal consequences for
violating the policy.

"The students were very well-informed what the school policy and
that law is about that," she said.

Parris said the incident can serve as what teachers like to call
a "teachable moment."

"Unfortunately, sometimes students don't realize the harm or
damage that can result in doing something like that," Parris said.
"Hopefully this will be an opportunity for those students to learn
the consequences can be serious."